c.All private agricultural lands which became due for coverage under Compulsory Acquisition according to the priorities defined in Section 7 of RA 6657.

III

Policy

A.All landowners whose lands are subject for coverage under RA 6657 may voluntarily offer their lands for sale to the government. However, lands upon which notices of coverage have already been sent by the government and received by the landowner shall no longer be eligible for classification as voluntarily offered lands.

B.All lands which are voluntarily offered for sale to the government, except lands within the retention limits, may no longer be withdrawn and shall immediately fall under Phase I, as provided for in Section 7 of RA 6657.

C.If the land is tenanted, the farmer-beneficiaries shall continue to pay lease rentals based on a leasehold agreement provided for under Administrative Order No. 4, series of 1989, until such time as the landowner signs the Deed of Transfer or the Land Bank of the Philippines establishes a Trust Fund in the landowner's name, as the case may be.

D.The compensation for the land shall be the value determined by the LBP or the value set under summary proceedings by the DARAB or as may finally be determined by the Special Agrarian Court.

E.Landowners, other than banks and other financial institutions, who voluntarily offer their lands for sale shall be entitled to an incentive of an additional five percent (5%) cash payment pursuant to Section 19 of RA 6657. aCcSDT

IV

Operating Procedures

Responsibility/ActivityApplicability

VOSCA

A.Landowner

1.Accomplishes the Letter of Intent (CARP Form No. 1) and Landowner's Information Sheet (CARP FormNo. 1.1) and submits them to any DAR Unit (MARO,PARO, RARO, DARCO), together with the followingbasic ownership documents:X

a.For Titled Property-

1.Copy of title (OCT/TCT) covering the landoffered for sale with all pages duly authenticatedby the Register of Deeds (ROD) as the exact copy of what is on file with his office. If the title is not yet in the name of the landowner/offeror, submits instruments of acquisition such asDeed of Sale, Deed of Donation, etc., to establish his ownership of the land. In instances where the title in the custody of the ROD was lost or otherwise destroyed, and the original copy of the title has not been reconstituted, ROD shall issue a certification to that effect.X

2.Copy of Tax Declaration in the name of the land-owner/offeror issued before August 29, 1987 duly certified by the Assessor.X

3.Copy of the Approved Survey Plan or Planof the property prepared and approved by a licensed Geodetic Engineer.X

4.Copy of Sworn Statement of Landowner's Registration (LISTASAKA I or II), if any.X

5.Other requirements as may be applicable X

b.For Untitled Properties

1.Xerox copy of Deed of Sale/Transfer duly certified by the ROD/Assessor and/or other instruments of acquisition covering the subject property for a period of at least ten (10) years.X

4.Copy of Sworn Statement of Landowner's Registration(LISTASAKA I or II), if any.X

5.Affidavit of Landowner that the property is not subject of adverse claim of third parties.X

6.Certification of the Clerk of Court concerned whether or not the property has been the subject of and registration cases, cadastral proceedings, and status of the case, if any.X

7.Certification from the DENR:

a.stating that the subject property is not within anycivil, military, or watershed reservation, national park, or timber or mineral land and whether the same has been classified as alienable and disposableX

b.stating the cadastral claimant, if any, of the subject propertyX

c.stating whether or not there has been an application for the acquisition of the subject propertyunder Commonwealth Act No. 141, as amended, and status, if anyX

8.Certification of the Register of Deeds and theProvincial Assessor concerned to the effect thatsubject property is free from all liens and
encumbrancesX

9.Certification of the Land Registration Administrationthat the subject property as indicated in the approvedsurvey plan is not within any titled or decreed properX

10.Proof of Publication of Cautionary NoticeX

All VOS letters and documents submitted by the landowner must be forwarded to the Municipal Agrarian Reform Office concerned.

3.Notifies/invites the landowner and representatives of LBP, DENR, BARC and prospective beneficiaries of the schedule of the ocular inspection/investigation of the property at least one week in advance.XX

4.MARO/Land Bank Field Office/BARC shall:

a.Identify the land and landowner, and determined the suitability for agriculture and productivity of the land and jointly prepare Field InvestigationReport (CARP Form No. 2), including the Land Use Map of the property.XX

b.Interview applicants and assist them in the preparation of the Application For Potential CARP Beneficiary (RA 6657) (CARP Form No. 3).XX

c.Screen prospective farmer-beneficiaries and for those found qualified, cause the signing of the respective Application to Purchase and Farmer's Undertaking (CARP Form No. 4).XX

d.Complete the Field Investigation Report based on the result of the ocular inspection/investigation of the property and documents submitted.

See to it that Field Investigation Report is duly
accomplishedand signed by all concerned.XX

5.MARO

a.Assists the DENR Survey Party in the conductof a boundary/subdivision survey delineating areas covered by OLT, retention, subject of VOS, CA (by phases, if possible), infrastructures, etc., which-ever is applicable.XX

b.Sends Notice of Coverage (CARP Form No. 5) to landowner concerned or his duly authorized
representativeinviting him for a conference.X

1.Review, evaluates and validates the Field Investigation Report and all pertinent formsand documents contained in the VOCF/CACFfor completeness and consistency. Gathersall the additional required documents notavailable at the MARO level but may beobtained at the PARO level.XX

2.If in order forwards completed VOCF/CACF to theRARO using CARP Form N0. 9 (Transmittal Memoto RARO).XX

D.RARO

1.Reviews the VOCF/CACF and supporting documentsfor completeness and consistency, and if foundto be in order, approves and signs the FieldInvestigation Report.XX

2.Prepares the Notice of Acquisition (CARP FormNo. 10 or 11 as the case may be) to be signedby the Regional Director or in his absence,by the duly designated official. Such noticeshall be forwarded to the landowner concernedby personal delivery with proof of service or registered mail with return card.XX

3.Forwards the VOCF/CACF to LBP through the Regional Manager using a DAR Memorandum to Value the land including improvements andfacilities, if any. (CARP Form No. 12)XX

E.LBP REGIONAL OFFICE

1.Reviews and evaluates the VOCF/CACF for completeness, consistency and documentsufficiency; and thereafter determines theLand Valuation in accordance with the applicable guidelines.XX

3.Prepares the Claim Folder Profile andValuation Summary (CARP Form No. 13) andforwards same to the proper approving officersof the Bank.XX

4.Notifies the DAR of the valuation, through aMemorandum of Valuation, enclosing a copy ofthe approved Claim Folder Profile and Valuation Summary (CARP Form No. 13).XX

F.RARO DTAESI

1.Prepares and issues the Notice of Land Valuation to the landowner (CARP Form No. 13.1) together with the Memorandum of Valuation from LBP and a copy of the duly approved Claim Folder Profile and ValuationSummary, copy furnished the LBP Regional Office. At the same time a copy of this notice and memorandum shall be posted for at least one (1) week in the bulletin board at the provincial capitol, municipal hall and the barangay hall concerned.XX

2.If the landowner accepts the offered price, sends the Memorandum to LBP to prepare the Deedof Transfer and to pay the landowner (CARP Form No. 14) enclosing the landowner's letter of acceptance.XX

3.If the landowner rejects the offered price or fails to reply within thirty (30) days from receipt of theNotice of Land Valuation, sends Memorandum to LBP to open a Trust Account in the name of the land-owner, (CARP Form No. 16), and advices the DARAB through the Provincial Adjudicator, to conduct summary administrative proceedings pursuant to DAR Administrative Order No. 13 and Section 16 (d) of RA 6657. If thelandowner disagrees with the valuation as determined by the DARAB through the ProvincialAdjudicator, he may file the appropriate petition before the proper Court.XX

4.Upon receipt from LBP of the proof of the TrustDeposit, transmits to the Register of Deeds theProof of Trust Deposit, owner's duplicate copyof the title, (if available), and other applicable supporting documents with the requestfor the transfer of title of the acquired property to the Republic of the Philippines.(CARP Form No. 17).XX

1.Fifteen (15) days after receipt of the decision of DARAB fixing the valuation,request the LBP to prepare the Deed of Transfer (CARP Form No. 15) for the signatureof the landowner if he so accepts, other-wise, request the LBP to adjust the trustdeposit to conform with the DARAB decisionand accordingly informs the landowner. Inthe event the landowner signs the Deed ofTransfer, LBP should transmit a copy to theRegister of Deeds as additional support tothe transfer of title in favor of the Republic of the Philippines.XX

I.REGISTER OF DEEDS (ROD) DCcTHa

1.Registers the Deed of Transfer (DOT) and issues a new title in the name of the RP, free from liens and encumbrances.XX

2.After registration, forwards the owner'sduplicate copy of title issued in the name of RP, to LBP Field Office.XX

J.LBP

1.Prepares payment release order for the payment to the landowner of the value ofthe land compensation.XX

2.In case the land is encumbered, pays the mortgagee-bank/creditor or establishesa trust account in the name of the mortgagee-bank if it refuses to accept LBPbonds as payment.XX

3.After the landowner's compensation is paid,forwards to RARO a xerox copy of the newtitle in the name of the RP, together withcertified copy of the Deed of Transfer.XX

K.RARO

1.Forwards to PARO the certified copy of theDeed of Transfer and the TCT, together withthe Memorandum of the Regional Director instructing him to take over physical possession of the land and proceed with thedistribution of the same in favor of thequalified beneficiaries.XX

V

Transitory Provisions

All Voluntary Offers to Sell and Compulsory Acquisition transactions for which no valuation or payment has been made by the LBP as of the effectivity of this Order shall be subject to land valuation by the LBP pursuant to Executive Order No. 405 dated June 14, 1990. EcHaAC

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